Judicial Review

Undoing the Regulatory Policies of the Trump Administration

Undoing the Regulatory Policies of the Trump Administration

The Administration has taken an aggressive approach in using legal tools to advance its regulatory agenda.

Continuous Judicial Review in Coronavirus Times

Continuous Judicial Review in Coronavirus Times

The Israeli judiciary exerts oversight and influence over the executive’s COVID-19 response.

Rethinking Judicial Oversight in a Time of Crisis

Rethinking Judicial Oversight in a Time of Crisis

Administrative accountability demands resilient courts, especially in emergencies.

India’s Executive Response to COVID-19

India’s Executive Response to COVID-19

Executive action, and judicial deference to it, dominate India’s pandemic response.

Disrupting Administrative Law in a Public Health Crisis

Disrupting Administrative Law in a Public Health Crisis

Australia disabled fundamental checks on its regulatory system to respond to COVID-19.

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.

Severability in Agency Rulemaking

Severability in Agency Rulemaking

Agencies should include severability clauses in rules to minimize legal uncertainty.

Judge Kavanaugh’s Activist Vision of Administrative Law

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

State Court Breathes Fresh Air into Pennsylvanians’ Environmental Rights

State Court Breathes Fresh Air into Pennsylvanians’ Environmental Rights

Recent state supreme court decision reaffirms and expands a constitutional duty to preserve natural resources.

Scrutinizing Deference to Administrative Agencies

Scrutinizing Deference to Administrative Agencies

Scholar evaluates arguments for scaling back deference doctrines in light of renewed interest in reform.

How Machine Learning Can Improve Public Sector Services

How Machine Learning Can Improve Public Sector Services

Experts explain how algorithms can aid government health and welfare work.

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

Trump’s Proposed Transgender Ban Breaks Faith with Service Members

President Trump’s transgender ban for the military is misguided and potentially illegal.